CAT/C/20/D/59/1996 page 5 view of the National High Court, which found them valid, they were obtained by means of mistreatment and torture, and stemmed directly from the statements to the police that had been declared void. 4.3 The author indicated that on 2 February 1992, she made a statement to the investigating magistrate without being able to consult a lawyer, not even the duty counsel, and that although the official record mentioned the lawyer designated by her, he was not able to attend until the accused’s statement had been finalized. The record showed that, responding to the first question put to her, she “neither said nor confirmed in her statement to the Guardia Civil”, that she belonged to or had collaborated with ETA. She also related that while on Guardia Civil premises she was mistreated. In particular, she said she had been struck with a telephone directory, had a bag put over her head and electrodes on her body, had been forced to undress and had been threatened with rape. She also claimed to have been forced to stand for long periods against a wall with her arms raised and legs apart while being struck from time to time about the head and genitals, and receiving all manner of insults. 4.4 The author submitted that the medical examinations she underwent while detained incommunicado were superficial checks, and that not even her vital signs were measured. There was no assessment of her nervous state, and she was not asked about the kind of threats and insults to which she had been subjected; the conclusion was that she bore no signs of violence. The doctor put in her report that the detainee reported not having slept, having been beaten, and having been forced to remain naked. Despite this, she concluded that the author was in a suitable physical and mental condition to make a statement. Only on 3 February 1992, in prison, the author said, was any medical evidence of maltreatment found on her person, when three bruises were discovered. In this connection, the author refers to a June 1994 report by the European Committee for the Prevention of Torture illustrating the superficiality of the reports drawn up by doctors attached to the National High Court. 4.5 The author stated that there was no impartial and independent inquiry during the conduct of the preliminary investigation, which was instituted as a result of what she had told the doctor at the penitentiary centre. The three specialized medical reports ordered by the court were clearly at odds over the dating of her bruises by their colour (between four hours and six days), which was crucial to the outcome of the inquiry. She said that no statements were taken from those who might have been responsible for the alleged offence. 4.6 The only investigation that was done after the partial retraction of the stay of proceedings ordered as a result of the remedy filed by the author on 9 September 1994 took the form of a third specialized report by the medical examiner attached to the Court of Investigation on whether the mistreatment alleged by the author would have left traces that could be detected by a doctor on examination, hours or days later. This last medical report, dated 22 November 1994, stated that “the acts of aggression reported should have left objectively observable injuries in the parts of the body allegedly

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